Official Summaries

DOT Victim and Survivor Advocate Act

This bill directs the Department of Transportation (DOT) to establish the position of National Roadway Safety Advocate to work directly with victims and survivors of road crashes and their families (i.e., stakeholders).

Specifically, the purposes of the advocate are to (1) document and communicate recommendations from stakeholders to DOT on the needs, objectives, plans, approaches, content, and accomplishments of DOT's roadway safety programs and activities; and (2) serve as a resource and point of contact for stakeholders on relevant roadway safety issues.

The bill specifies that the advocate position must be filled by a career appointment.

The bill prohibits the advocate from taking certain actions, such as

• creating or authorizing DOT policies, priorities, or activities; or
• disclosing or discussing any enforcement matters that are under investigation or in litigation.

The advocate must submit an annual report to DOT highlighting systemic issues relating to roadway safety based on information provided by stakeholders. The report must include recommendations on how to remedy the issues.

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 851 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 851

 To establish the position of National Roadway Safety Advocate within 
       the Department of Transportation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2025

  Mr. Cohen introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To establish the position of National Roadway Safety Advocate within 
       the Department of Transportation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DOT Victim and Survivor Advocate 
Act''.

SEC. 2. POSITION OF NATIONAL ROADWAY SAFETY ADVOCATE.

    (a) Definitions.--In this section:
            (1) Department.--The term ``Department'' means the 
        Department of Transportation.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (3) Stakeholder.--
                    (A) In general.--The term ``stakeholder'' means--
                            (i) a victim or survivor of a road crash; 
                        and
                            (ii) a family member of a victim or 
                        survivor of a road crash.
                    (B) Family member.--For purposes of subparagraph 
                (A)(ii), the term ``family member'' shall not be 
                limited to a parent, parent-in-law, grandparent, 
                grandparent-in-law, sibling, spouse, child, or step-
                child of a victim or survivor of a road crash.
    (b) Establishment.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish within the 
        Office of the Under Secretary of Transportation for Policy of 
        the Department a position, to be known as the ``National 
        Roadway Safety Advocate''.
            (2) Career position.--The position of National Roadway 
        Safety Advocate shall be filled by a career appointment.
    (c) Purposes of the Position.--The purposes of the position of the 
National Roadway Safety Advocate are--
            (1) to document and communicate recommendations from 
        stakeholders to the Secretary on needs, objectives, plans, 
        approaches, content, and accomplishments of the programs and 
        activities carried out by the Department relating to roadway 
        safety; and
            (2) to serve as a resource and point of contact for 
        stakeholders on relevant roadway safety issues.
    (d) Authority and Limitations.--
            (1) Authority.--The National Roadway Safety Advocate may--
                    (A) provide--
                            (i) education on Department activities to 
                        stakeholders; and
                            (ii) means for stakeholders to provide the 
                        perspective of the stakeholders on roadway 
                        safety issues to the Department;
                    (B) explain Department processes, procedures, 
                scientific principles, and technical information to 
                victims of roadway safety incidents and advocates in 
                plain language;
                    (C) communicate the perspective of stakeholders 
                within Department processes;
                    (D) provide aggregated feedback on the regulatory 
                agenda and activities of the Department from 
                stakeholders to the Secretary;
                    (E) build relationships with individual 
                stakeholders, through establishing consistent outreach 
                and dialogue for feedback, to enhance the engagement in 
                the mission of the Department;
                    (F) publish educational materials for enhancing 
                stakeholder understanding of activities and procedures 
                of the Department in accessible formats and venues, 
                with clear and easy to understand wording, consistent 
                with Department policy, in multiple languages;
                    (G) consult with and make recommendations to the 
                Secretary relating to the appointment of stakeholders 
                who may be appropriate for roles in advisory roadway 
                safety committees, in accordance with chapter 10 of 
                title 5, United States Code;
                    (H) meet not less frequently than once per quarter 
                with the Secretary to highlight issues, make 
                recommendations for resolving problems and alleviating 
                stakeholder roadway safety concerns, and summarize 
                input from stakeholders on proposed roadway safety 
                initiatives;
                    (I) refer questions to the Office of the General 
                Counsel or the Office of the Under Secretary of 
                Transportation for Policy, as appropriate;
                    (J) work collaboratively with other offices in the 
                Department that are working to educate and communicate 
                with stakeholders on roadway safety issues; and
                    (K) perform such other duties as may be determined 
                by the Secretary.
            (2) Limitations.--The National Roadway Safety Advocate may 
        not--
                    (A) provide legal notice, counsel, or 
                determinations of any kind;
                    (B) set or delay any agency deadlines;
                    (C) make Department decisions;
                    (D) create or authorize Department policies, 
                priorities, or activities;
                    (E) modify or interfere with any laws, regulations, 
                related policies, practices, or procedures followed or 
                enforced by the Department;
                    (F) prevent other Department staff from working 
                directly with stakeholders;
                    (G) disclose or discuss any enforcement matters 
                that are under investigation, in litigation, or the 
                subject of a civil penalty investigation or any other 
                pre-litigation or litigation proceeding; or
                    (H) disclose or discuss any human resource matters 
                with individuals outside of the Department.
    (e) Report to Office of the Under Secretary of Transportation for 
Policy.--The National Roadway Safety Advocate shall report within the 
Office of the Under Secretary of Transportation for Policy of the 
Department.
    (f) Support.--The Office of the Under Secretary of Transportation 
for Policy of the Department shall provide necessary funding, 
logistics, and administrative support to the National Roadway Safety 
Advocate as necessary.
    (g) Access to Documents.--The Department shall ensure that the 
National Roadway Safety Advocate has full and timely access to the 
documents of the Department, as necessary, to carry out the functions 
of the National Roadway Safety Advocate.
    (h) Reports Required.--
            (1) Annual report.--Not later than November 15 of each 
        year, the National Roadway Safety Advocate shall submit to the 
        Secretary an annual report--
                    (A) highlighting systemic issues relating to 
                roadway safety based on information provided by 
                stakeholders; and
                    (B) making recommendations on how to remedy the 
                issues highlighted under subparagraph (A).
            (2) Additional reports.--In addition to the annual report 
        required under paragraph (1), the National Roadway Safety 
        Advocate may submit to the Secretary such additional reports, 
        as determined necessary by the National Roadway Safety 
        Advocate, in accordance with the requirements of that 
        paragraph.
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